Untitled Texas Attorney General Opinion

I.. I NEYGENERAL 0eT~x~s Hon. Gibb Gilchrist, President Agricultural and Mechanical College of Texas College Station, Texas Opinion No. V-188 Re : Receipt of Tuition and Fees by State Institu- tions of Collegiate Rank from the Veterans Dear President Gilchrist : Administration. Your request for opinion presents the fol- lowing questions: “(1) What State educational institu- tions are ‘institutions of collegiate rank’ within the meaning of Sections 1 and 4 of Article 2654b-1 of the Revised Civil Stat- utes of Texas? “( 2)’ May State institutions of colle- giate rank in Texas lawfully charge and re- ceive payment of tuition and fees on account of honorably discharged veterans for train- ing under the provisions of Public Law No. 16, 78th Congress, approved March 24, 1943, or Public Law No. 346, 78th Congress, ap- proved June 22, 1944, for the period be- tween May 15, 1943, the effective date of Section 3 of Article 2654b-1 of the Revised Civil Statutes of Texas, and September 4, 1945, the effective date of Section 4 of Article 2654b-1 of said statutes? “(3) If the above-mentioned institu- tions of collegiate rank may now lawfully charge and require, or lawfully receive payment of tuition and/or certain fees for education or training of the persons mentioned in (2) above during the period of time therein mentioned, are there any fees which such institutions may lawfully charge and require or lawfully receive . .’ Hon. Gibb Gilchrist, Page 2, V-188 payment for, as to such persons during said Eeriod and, if so, what are said fees? The answer to your first question may be found in the various separate statutes concerning State educational institutions to which you should refer with reference to any particular institution is determining whether or not it offers college courses. For the purposes of this opinion, it is believed that the words “institutions of collegiate rank” are synonymous with the words “State educa- t ional inst it ut ions ” as used in Article 2654a, and at least include all of such listed institutions as follows : “Sec. 3. The words ‘State educa- tional institutions’ as used in this Act shall Include the following and any branch thereof: The University of Texas; the Ag- ricultural and Mechanical College of Texas; the various State teachers’ colleges of Texas; the College of Industrial Arts of Texas; the I John Tarleton Agricultural College of Texas; the North Texas Agricultural College; the Prairie View State Normal and Industrial College ; the Texas Technological College; and any other State educational institu- tions either heretofore provided for or hereafter to be provided for under the laws of this State. ” Your second question presents the problem of whether such educational institutions may receive payments for tuition and fees of veterans of World War II who attended such schools under Public Law No. 1.6 and Public Law No. 346 of the 78th Congress for the period between May 15, 1943, and September 4,1945. This question is submitted In view of the Act passed by the 48th Legislature in 1943 adding Section 3 to Article 2654b-1 to extend previous World War I tuition and fee exemptions in state col- leges to veterans of World War II, reading as fol- lows: “Sec. 3. All of the above and fore- going provisions, conditions and benefits hereinabove in this Article provided for Hon. Gibb Gilchrist, Page 3, V-188 In Section 1 and in Sect Ion 2 shall apply and accrue to the benefit of all nurses, members of the Women’s Army Auxilary Corps, Women’s Auxiliary Volunteer Earergancy Ser- vice, and all msmbsrs of the United States Army or of the United States Navy or the United States Coast Guard, who have or are now serving, or who may after the pas- sage of this Act, serve in the armed forces of the United States of America during the present World War Number II, being the war now being prosecuted, and which was enter- ed into on or shortly after December 7, 1941, by the United States of America a- gainst what are commonly known as the Axis Powers; provided, further, that all the above and foregoing persons named have been honorably discharged from the ser- vices in which they were engaged. And provided further, that the benefits and provisions of this Act shall also apply and inure to the benefit of the children of members of the United States Armed Forces, where such members were killed in action or died while in the service. The provisions of this Act shall not apply to or include any memhar of such United States Amed Forces, or other persons hereinabove named, who were discharged from the ser- vice in which they were engaged because of being over the age of thirty-eight (38) years or because of a personal request on the part of such person to be discharged from such service. “Other than as amended herein, pre- sent Article 265413-l Is hereby reenacted and shall In all things continue in full force and effect subject only to the ad- dition of the above section to be known as Section 3.” This Section stood alone until Section 4 was added by the 49th Legislature, effective Septem- ber 4, 1945. As shown by the original Act, Article 2654b-1, V, C, S., the veterans described therein and in Section 3 above quoted are exempt from the payment of all dues, fees, and charges ordinarily made by State Institutions other than library and . Hon. Gibb Gilchrist, Page 4, V-188 laboratory deposits, and charges for lodging, board, or clothing. The above exemptions are personal to the veterans and do not prohibit the State institutions Prom receiving payment of tuition and fees from the Veterans Administration or any other Federal agency. Neither Is there anything in this Act which prohibits submission of charges, or statement of such tuition and fees to the Veterans Administration or any other Federal agency which operates a program of education- al training benefits In cooperation with or by grants to the State institutions. This interpretation is in. complete harmony with Public Law NO, 16 and Public Law No. 346, 78th Congress, together with amendments thereto and in- terpretations and instructions issued thereunder by the Veterans Administration. In setting up Federal programs for educational and training assistance to veterans, Congress provided for payment of certain tuition and fees to educational Institutions and recognized that many of the veterans would elect to receive such education and training in State supported institutions, some of which have no established tu& t ion rates, and many of which have t uitlon and fee rates less than the amounts necessary to cover the costs of such education and training. Provision was made to cover such situations in Public Law No, 346 in the following words: “And provided further, That if any such institution has no established tui- tion fee, or If its established tuition fee shall be found by the Administrator to be inadequate compensation to such ln- st itut ion for f urnishlng such education or training, he is authorized to provide for the payment, with respect to any such of such fair and reasonable com- ~tZZ;on as will not exceed $500 for an ordinary school year. ” Under the above quoted authority from Con- gress, the Veterans Administration set up certain methods of arriving at the rate of tuition and fees which will be paid to State and other IUstitUtions having no established tuition and fees or whose ,., . Hon. Gibb Gilchrist, Page 5, V-188 established tuition ana fees are found by the Aamin- istrator of Veterans Affairs to be inadequate . . com- __ pensation for furnishing such education or tralolng. See Veterans Administration Instruction No. 6, Title II, P. L. 346, 78th Congress, April 17, 1945. It will be noted that such charges and payments are not made directly to the veteran but are made to the eQ- ucatlonal institution. Therefore, it is our opinion that Texas ed- ucational institutions may lawfully submit statement of charges and reaeive payment of tuition and fees from the Veterans AdminWtration for any veterans who attend such institutions under the provisions of Public Law 16 as amenfled and Public law No. 346 as amended, aad that Section 3, Artiqle 2654b-1 did not prohibit such act ion between May 15, 1943, and September 4, 1945, the effective date of Section 4, which was added by the 49th Lsgislature to clarify any doubt that might exist about the matter. Having answered questions 1 and 2 as above, your request calls for no answer to question 3. SUMMARY State educat lonal institutions of col- legiate rank may submit statement for and receive payments of tuition and fees on ac- count of World War II veterans who attend such institutions under Public Law No. 16 and Public Law No, 346 (Go I. Bill) of the 78th Congress O Yours very truly, Price Da& 1 PD:eb:mrj Attorney General